NJ Handgun Permit Guidelines To Be Updated

Handgun permit processing in New Jersey is undergoing updates. On April 8, 2016, Acting Attorney General Robert Loughy issued new directives regarding uniformity in processing designed to limit instances of extreme delay and other problems. N.J.S.A. 2C:58-3 sets forth the application procedures and forms which are to be utilized by permit issuing bodies and no deviation is permitted. Agencies are prohibited from applying personal views regarding civilian firearms regulation, requiring additional forms, requiring additional information from applicants or otherwise deviating from the standards set forth. Gun permit issuing agencies have a 30 day time period to review applications under N.J.S.A. 2C:58-3(f), unless the applicant's life is in specific danger in which case the gun permit application review period is decreased to 14 days. Disqualification occurs upon conviction of an indictable crime or a disorderly persons domestic violence offense. Interestingly, in spite of these steps toward uniformity, there is also a very broad category for disqualification which allows issuing bodies discretion to deny a handgun permit or firearms purchaser identification card if the "issuance would not be in the interest of the public health, safety or welfare." N.J.S.A. 2C:58-3(c)(5). The New Jersey State Police are charged with the drafting of uniform investigation standards. In addition, there are to be updates to Firearms Transport Guidelines. Pursuant to N.J.S.A. 2C:39-6, transport of a firearm that is unloaded and secured in a fastened case or gun box or inside of a locked trunk is permitted directly between a home and business, place of purchase and home or business, directly from a home or business to a range or place of hunting, between a home or business and a gun repair shop or licensed gun dealer and between residences when moving. There are also undefined "reasonably necessary" deviations permitted in the route of transportation including the purchase of fuel, food, beverages, medication and other supplies; use of a restroom, pickup or discharge of passengers, emergencies, detours and other reasons. The reasonability of the deviation and lawfulness of transport is subject to the judgment of the officer encountering an individual undertaking transport. If you have been denied the right to a carry permit after meeting all criteria to obtain one you should seek an experienced attorney to assist you in your matter. If you are caught illegally carrying firearms the penalties can be severe making it well worth the effort to seek a permit to carry legally. For more information about gun or weapon possession, possession of weapons during a drug related offense, armed robbery, possession of a handgun without a permit, use or possession of a gun in the commission of a crime, illegal weapons, unlawful possession of a weapon or possession of a weapon while on parole or probation visit DarlingFirm.com. This blog is for informational purposes and not intended to replace the advice of an attorney.

NJ Firearms Purchaser Identification Card Denied For NY Charges

George Winston was denied a New Jersey firearms purchaser identification (FPI) card in 2011 as a result of convictions in New York of attempted assault in 1974 and possession of a controlled dangerous substance in 1989. The Clifton, New Jersey Chief of Police denied Winston an FPI card in spite of "certificates of relief from disabilities" for the prior New York convictions pursuant to N.J.S.A. 2C:58-3c(1). In the Matter of the Denial of the Application of Winston the Superior Court- Law Division, Passaic County judge heard testimony from Winston and others as well as a Clifton detective undertaking the background search with regard to the application. The Clifton detective indicated that Winston's background also included domestic violence charges, a driving under the influence (DUI) charge and disputes with neighbors on more than one occasion. The Law Division judge found that the New York certificates of relief were not entitled to the Full Faith and Credit Clause as they were not equivalent to a New Jersey expungement under New York law but rather they remove certain bars to employment under New York law. If you are seeking a permit to obtain a firearm, you should seek an experienced attorney to assist you in your matter. If you are caught illegally carrying firearms the penalties can be severe making it well worth the effort to seek a permit to carry legally. For more information about gun or weapon possession, possession of weapons during a drug related offense, armed robbery, possession of a handgun without a permit, use or possession of a gun in the commission of a crime, illegal weapons, unlawful possession of a weapon or possession of a weapon while on parole or probation visit HeatherDarlingLawyer.com. This blog is for informational purposes and not intended to replace the advice of an attorney.

Murder Conviction Upheld After Graphic Photos Were Shown To Jury

Darwin Rodriguez-Ferreira was convicted of knowing and purposeful murder (N.J.S.A. 2C:11-3a(1) and (2)); fourth-degree unlawful possession of a weapon (N.J.S.A. 2C:39-5d); and third-degree possession of a weapon for an unlawful purpose (N.J.S.A. 2C:39-4d). At sentencing the defendant received a thirty year prison sentence including a thirty year parole disqualifier and consecutive eighteen month sentence for unlawful possession of a weapon. Kendall was found lying in the street near his Jersey City home with multiple stab wounds. Multiple calls to and from "Darwin" were found in Kendall's cell phone log and a bloody knife wrapped in boxer shorts was found nearby shortly thereafter. The blood contained Kendall's DNA and the boxer shorts contained Darwin's DNA. The defendant left the country with a one-way ticket the day after the murder and police found bloodstains with Kendall's DNA on Darwin's floor while searching Darwin's residence. In State v. Rodriguez-Ferreira, the defendant appealed the convictions and sentence received in the Superior Court of New Jersey, Law Division, Hudson County. At trial, over Darwin's objection, four graphic photos of Kendall's body depicting stab wounds to the neck and face, torso and forearm were presented to the jury. One photo, taken during the autopsy included stab wounds suffered by internal organs extracted from the body during the autopsy. N.J. Rule of Evidence 403 permits the inclusion of evidence if the probative value substantially outweighs the risk of prejudice to the jury through its revelation. In State v. Johnson, 120 N.J. 263 (1990), the NJ Supreme Court held that vivid and graphic details which may be difficult to look at do not necessarily call for exclusion of photographic evidence. State v. Sanchez, 244 N.J. Super. 231, 249-51 (App. Div. 1988) allows admission of murder victim photographs to prove the act was "purposeful and knowing." N.J. Appellate Division affirmed the trial court's decision to admit the photos. With regard to the sentence imposed, the trial court failed to consider the relevant factors under State v. Yarbough, 100 N.J. 627 (1985) and the matter was remanded by the Appellate Division for sentencing including an articulation of the how the Yarbough Factors apply to require a consecutive sentence for unlawful possession of a weapon. If you are facing murder charges, it is the state's burden to prove your guilt and they must do so in a just and appropriate manner, without the admission of unduly prejudicial evidence or testimony. It is critical you obtain experienced criminal defense counsel to ensure your rights are protected against prejudicial acts by the prosecution or the judge. For more information regarding homicide, assault, weapons charges or other serious criminal issues in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Rap Lyrics Are Not Evidence Of Prior Crimes

Vonte Skinner was charged with attempted murder (N.J.S.A. 2C:5-1a(3), 2C:11-3a(1)); aggravated assault resulting in serious bodily injury (N.J.S.A. 2C:12-1b(1)); and aggravated assault with a deadly weapon (N.J.S.A. 2C:12-1b(2)); unlawful possession of a deadly weapon (N.J.S.A. 2C:39-5); and possession of a weapon with an unlawful purpose (N.J.S.A. 2C:39-4a) and convicted of attempted murder (N.J.S.A. 2C:5-1a(3), 2C:11-3a(1)); aggravated assault resulting in serious bodily injury (N.J.S.A. 2C:12-1b(1)); and aggravated assault with a deadly weapon (N.J.S.A. 2C:12-1b(2)). Skinner received an extended term of 30 years in prison and subject to certain parole ineligibility and supervision under the No Early Release Act (NERA) (N.J.S.A. 2C:43-7.2). Skinner’s case arose as a result of the 2005 shooting of Lamont Peterson multiple times at close range with a handgun. Evidence at the scene, including a cell phone belonging to Skinner, led to his arrest. During Skinner’s arrest, while driving someone else’s vehicle, his rap lyrics were recovered on the back seat of the vehicle. Peterson survived and advised the police that Peterson and Skinner both sold drugs for Brandon C. Rothwell. After Skinner joined the team as the third man, Peterson’s profits fell and he began keeping some of Rothwell’s money. Peterson and Skinner both testified that on the night of the shooting they had been in cell phone contact multiple times to arrange a meeting during which Skinner was to buy cocaine from Peterson. When Peterson arrived to meet Skinner, Rothwell was with Skinner. Peterson remembered seeking Skinner and the gun but no other details. Skinner testified that just as Peterson was about to give him the drugs he heard a gunshot and he and Peterson both ran off in different directions. Both sides offered witnesses at trial giving conflicting testimony. The State’s main evidence was the Defendant’s rap lyrics. The jury was not advised that the lyrics were written over several years but did hear an extensive portion of the lyrics and was made aware that the lyrics were in the first person view of a narrator named “Threat” which is a name Skinner has tattooed on his arm. The lyrics described multiple violent acts by “Threat”. The matter was appealed by the Defendant based in part on the reading of Skinner’s rap lyrics to jurors by the prosecution for the purpose of establishing motive and intent on the part of Skinner. The Defendant claimed the lyrics were not properly authenticated and inadmissible under N.J.R.E. 404(b) due to substantial prejudice to defendant outweighing their probative value. The NJ Appellate Division cited State v. Crumb, 307 N.J. Super. 204 (App. Div. 1997) and State v. Koskovich, 168 NJ. 448 (2001) which held that creative writing is merely expressive and does not constitute bad acts themselves and therefore writing comes within N.J.R.E. 404(b). The NJ Appellate Division determined the reading of the lyrics to be prejudicial to Skinner and prohibited by N.J.R.E. 404(b). The NJ Supreme Court heard State v. Skinner and rendered its decision on August 4, 2014. The Justices found that there was no real connection between the lyrics and the murder other than to inaccurately portray his depiction of street violence to establish Defendant’s motive and intent and upheld the decision of the NJ Appellate Division that the lyrics were highly prejudicial and of minimal probative value. The NJ Supreme Court heard the State’s argument that, under Joynes v. State, 797 A.2d 673, 677 (Del. 2002) that the act of creating rap lyrics is not, in and of itself, a “bad act” and should be governed under that standard of relevance under N.J.R.E. 401. The Court disagreed reasoning that N.J.R.E.404(b) is to protect a defendant from evidence which proves little while doing substantial harm. The Court’s primary analysis of admissibility under N.J.R.E. 404(b) was analysis of the 4 prongs of State v. Cofield, 127 N.J. 328, 336 (1992): (1) that the other crime, wrong or bad act evidence pertains to some material issue in dispute in the instant matter; (2) the other crime is similar in kind and reasonably close in time to the offense charged ; (3) proof the evidence of the other crime must be clear and convincing; and (4) any probative value is not outweighed by prejudice. If you are charged with a crime, there are strict limits to evidence which the State may use against you in making its case. To protect your freedom and rights if you are charged with any violent crime, you should consult with experienced criminal defense counsel immediately. For more information about murder, sexual assault, drugs, weapons charges or other serious crimes in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Gun And Drugs Discovered Due To Defendant's Suspicious Behavior

Ramier Dunbar was indicted for second degree possession of a weapon (N.J.S.A. 2C:39-5(b)); second degree possession of a weapon for an unlawful purpose (N.J.S.A. 2C:39-4(a)); fourth degree possession of a hollow-point bullet (N.J.S.A. 2C:39-3(f)); third degree resisting arrest (N.J.S.A. 2C:29-2(a)); and fourth degree obstruction of the administration of law (N.J.S.A. 2C:29-1). State v. Dunbar arose from a custodial stop for which the police claimed to have probable cause. In Jersey City officers were dispatched to a report of gunshots fired. Responding officers arrived within seconds to find a group of approximately 30 individuals. They immediately noticed one individual they claimed to appear overly nervous within the screaming crowd. While maintaining constant visual contact with a marked patrol car, Dunbar disappeared down an alley momentarily then re-emerged and began walking away from the scene. Officers followed him in the patrol car and attempted to question him about the shots fired but the defendant ignored officers and, by their account, appeared more nervous. Officers ordered the Defendant to stop at which point he began to run. While running from the police, the Defendant pulled a handgun from his waistband and threw it. Officers apprehended the Defendant shortly and also discovered a bag of marijuana on his person. At trial, the judge granted Defendant’s motion to suppress evidence seized during his arrest. The NJ Appellate Division reversed the trial court. In rendering the decision, the Appellate Division differentiated Dunbar from State v. Williams, 410 N.J. Super. 549 (App. Div. 2009) wherein police involved in community policing stopped an individual who fled the area upon sight of the police, ignored their commands to stop, discarded contraband upon apprehension and the evidence was suppressed as the officers actions were not founded on reasonable suspicion in the eyes of the court. In State v. DeLorenzo, 166 N.J. Super. 483 (App. Div. 1979) the court held that an investigatory stop is not reasonable based on simple nervousness. Unlike Williams, the prosecution in Dunbar argued that, based on the facts, the officers formed reasonable and articulable suspicion that Defendant had committed a crime, the gun was abandoned property lawfully recovered after the Defendant discarded it and the marijuana was seized incident to arrest. Also, unlike DeLorenzo, Dunbar’s nervousness was accompanied by flight while constantly observing police and in the midst of an excited crowd immediately after gun shots were reported. The Appellate Division found the stop and seizure to fall within Terry v. Ohio, 392 U.S. 1 (1968) as an exception to the Fourth Amendment of the U.S. Constitution wherein a warrant is required in matters of search and seizure. The totality of “shots fired”, a “chaotic scene” and the defendant’s behavior were enough to enable the Appellate Judges to find the officers had a reasonable basis for their actions. If you are facing weapons charges or drug charges you are subject to harsh penalties including lengthy incarceration and substantial fines. You should seek the assistance of an experienced criminal defense attorney immediately to protect your rights. For more information regarding weapons possession, use of a weapon for an improper purpose, illegal weapons, robbery, possession of controlled dangerous substances (CDS) or other serious criminal offenses visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Two Unlawful Weapons But Only One Extended Term For Convicted Felon

In State v. Robbins, the defendant, Sylvanus K. Robbins, was convicted of 2 counts of unlawful possession of a weapon by a convicted felon (N.J.S.A. 2C:39-7), possession of a stun gun (N.J.S.A. 2C:39-3h), possession of a sawed-off shotgun (N.J.S.A. 2C:39-3b), unlawful possession of a loaded weapon (N.J.S.A. 2C:39-5c(2)) and hindering his own prosecution (N.J.S.A. 2C:29-3b(1)). Robbins appealed the conviction and the 16 year aggregate extended-term sentence with 50% parole disqualifier. Defendant was stopped for an illegal u-turn and failed to produce a license, registration or insurance card then confessed to having a suspended North Carolina driver's license. The defendant was ordered from the vehicle and secured in handcuffs for officer safety and during the detention it was discovered defendant had warrants from North Carolina for burglary, kidnapping and assault by strangulation. Defendant agreed to a search of the vehicle and based on information provided by defendant's girlfriend, the police also sought consent to search their hotel room. Upon receiving consent to search from defendant's girlfriend, police discovered a sawed-off shotgun, ammunition and a stun gun in the hotel room. Police stated that, after being Mirandized but before deciding whether to give up the right to remain silent, Defendant immediately admitted to ownership of the shotgun, advising it was for protection when riding his dirt bike in the North Carolina woods. Defendant denied admission of ownership of the gun and stated he only consented to the search as it was very cold outside and the officer had him stand outside of the car until he consented. The judge was not satisfied consent was voluntary and suppressed a fake gun found in the trunk of the car. The judge also decided the search of the hotel room was separate from the search of the vehicle and would have happened as a result of the warrants therefore, pursuant to Wong Sun v. United States, 371 U.S. 471 (1963) the shotgun was not "fruit of the poisonous tree." The judge held that the defendant's admission to ownership of the gun did not violate Miranda or Rule 3:17(a) as it was made spontaneously and not during an investigation. On appeal, the NJ Appellate Division affirmed the conviction and found the 16 year extended-term not to be excessive for possession of a saw-off shotgun gun by a convicted felon pursuant to State v. Bieniek, 182 N.J. 44 (2004). The Appellate Division did remand for re-sentencing with regard to the imposition of 2 extended term sentences as N.J.S.A. 2C:44-5a(2) prohibits more than one extended term. In regard to possession of the stun gun by a convicted felon, the sentence was to be a concurrent, ordinary term. If you are facing weapons or other serious charges, it is critical for you to obtain experienced criminal defense counsel to fight the charges. Conviction and even certain negotiated pleas can result in extended term sentences which will deprive you of your freedom for a large part of your life as well as have a devastating impact on your loved ones. For more information regarding weapons possession by a convicted felon, possession of a weapon for unlawful purposes, hindering apprehension and other serious criminal charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.